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DEMJANJUK v. MUKASEY

No. 07-3022.

514 F.3d 616 (2008)

John DEMJANJUK, Petitioner, v. Michael B. MUKASEY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2008.

Attorney(s) appearing for the Case

ARGUED: John H. Broadley, John H. Broadley & Associates, Washington, DC, for Petitioner. Robert Thomson, United States Department of Justice, Criminal Division, Washington, DC, for Respondent. ON BRIEF: Jain H. Broadley, John H. Broadley & Associates, Washington, DC, for Petitioner. Robert Thomson, Edgar Chen, United States Department of Justice, Criminal Division, Washington, DC, for Respondent.

Before: ROGERS and SUTTON, Circuit Judges; BERTELSMAN, District Judge.

OPINION

ROGERS, Circuit Judge.

Petitioner John Demjanjuk seeks review of the decision of the Board of Immigration Appeals holding that the Chief Immigration Judge was authorized to preside over Demjanjuk's removal proceeding. Pursuant to 8 U.S.C. § 1229a, a removal proceeding must be conducted by an immigration judge. Demjanjuk contends that the Chief Immigration Judge cannot be considered an immigration judge, and thus lacked authority to order Demjanjuk...

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